Herald v. Jones et al

Filing 18

MEMORANDUM OPINION as more fully set out therein. Signed by Judge C Lynwood Smith, Jr on 5/9/2016. (AHI)

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FILED 2016 May-09 AM 10:54 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION RIKARD RALPH HERALD, a/k/a RICHARD RALPH HERALD, Plaintiff, vs. KENNETH JONES, Warden, and the ATTORNEY GENERAL OF THE STATE OF ALABAMA, Defendants. ) ) ) ) ) ) ) Case No. 2:15-CV-00568-CLS-TMP ) ) ) ) ) ) ) MEMORANDUM OPINION The magistrate judge filed his report and recommendation on January 28, 2016, recommending dismissal of petitioner’s 28 U.S.C. § 2254 petition for habeas corpus relief. (Doc. 11). Petitioner requested and received an extension of time in which to file objections. (Docs. 10, 11). He thereafter retained an attorney, who also sought an extension of time to file objections, which was granted. (Docs. 15, 16). On March 22, 2016, petitioner filed objections through counsel. Having carefully considered de novo all the materials in the court file, including the report and recommendation and the objections, the court is of the opinion that the magistrate judge’s report is due to be ADOPTED and the recommendation ACCEPTED. A separate order will be entered denying the petition and dismissing all claims. DONE this 9th day of May, 2016. _______________________________ United States District Judge 2

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